BILL ANALYSIS
AB 2101
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Date of Hearing: May 3, 2000
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 2101 (Migden) - As Introduced: February 22, 2000
Policy Committee: Public
SafetyVote: 7-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill repeals regulations issued by the Department of
Corrections (CDC) in 1996 restricting media access to prisoners.
Specifically, this bill:
1)Allows a media representative to conduct one-on-one interviews
with specific inmates and to use recording devices and writing
instruments during these interviews.
2)Authorizes the CDC to place reasonable time, place, and manner
restrictions on inmate interviews, prohibits interviews that
would pose an immediate and direct threat to the security of
the institution or the public, and prohibits an interview of a
prisoner against his or her will.
3)Allows an inmate to mail confidential materials to a media
representative without inspection by the CDC.
FISCAL EFFECT
Absorbable costs, if any, to the CDC. According to the CDC,
less than 200 interview requests are received each year, about
five per prison.
COMMENT
1)Rationale . According to the author: "Effective and safe prison
operations are a result of accurate information and an
informed electorate. Both are frustrated by the restrictions
by the Department of Corrections on news reporting. There is
AB 2101
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no legitimate reason for a blanket ban on media interviews
with inmates. Moreover, the department has documented no
abuses of the long-standing system whereby media
representatives were accommodated."
2)Background . Historically, for more than 20 years, the CDC
allowed the media to conduct inmate interviews. Interviews
were conducted under conditions set by the institution.
Interviews with specified prisoners were permitted with prior
approval and were limited to no more than one interview in a
90-day period for inmates in administrative segregation with a
media "pool" option for such inmates.
In 1996, the CDC adopted emergency regulations deleting the
authority for media to conduct specified prisoner interviews,
including prearranged interviews. The CDC added specific
regulatory language that "inmates may not participate in
specific-person, face-to-face interviews." The CDC contends
the new policy "deters activities that would glamorize
criminals at the expense of their victims and the general
public..."
3)Prior legislation , AB 1440 (Migden, 1999) was identical to
this bill and vetoed by Gov. Davis, who wrote, "this bill is
inconsistent with the national trend to reduce, not expand,
rights of prisoners?" SB 434 (Kopp, 1998), similar to this
bill, was vetoed by Gov. Wilson.
Analysis Prepared by : Geoff Long / APPR. / (916)319-2081